tv Greta Van Susteren FOX News June 13, 2011 10:00pm-11:00pm EDT
>> sean: $5,000. >> done. >> sean: that is all the time we have left. thanks for being with us. and you too bob. greta goes on the record live from orlando tonight. we'll see you back here tomorrow night. >> greta: this is a fox news alert. for the first time president obama goes on the record about congressman anthony weiner. >> the president: ultimately there is going to be a decision for him and his constituents. if it was me, i would resign. >> greta: in news after a bad weekend for the congressman. he checked into a psychological treatment facility after top democrats declared he needed counseling and call for him to step down. as of tonight the defiant congressman is still saying he will not resign. not now while his wife is
traveling with her boss, secretary of state clinton. the pressure for weiner to resign is mounting. what will he do? much more later about it. >> we take you now to casey anthony's temporary home. not one you would like, a jail. orange county jail. get a look at where she is spending her days when she not in the courtroom. jurors hearing testimony about the hair and duct tape found on caylee anthony's skull. what is the defense going to do? put on evidence or is the defense going to rest? our legal panel is here as the murder trial enters week number four. first jurors are hearing new testimony about that duct tape which prosecutors claim casey used to suffocate 2-year-old caylee. no principles were found. an fbi examiner testified today she saw something very strange. >> during my examination of q-63 an outline of a heart appeared in one of the corners on the
edge of that piece of duct tape. >> greta: what does this mean for the prosecution? more shocking news friday as the medical examiner told a packed courtroom this. >> first, we know from observational studies, from experience, that is a red flag that when a child is not reported immediately, to authorities, either with an injury, that's something we look for, for foul play. this child, from history, was not reported for a long time there. is no child that should have duct tape on its face when it dies. there is no reason to put duct tape on the face, after they die. based on our experience, we've seen that in cases of homicide. >> greta: joining us former
lapd homicide detective mark fewer man. of course the prosecution would love to have the principles of anthony on that duct tape but it is not there. -- how critical it is there are no fingerprints of the mother on that duct tape? >> well, greta, the fingerprint expert i think she was very good. she laid out -- i think she truthful. i don't think this goes against the prosecution at all. she is looking for fingerprints. she is not looking for other evidence. when she comes upon it, i don't think that it first occurred to her to photograph it immediately. she notified people. then, let's remember that because of her notification, there was hearts found at the house. i believe there was multiple search warrants. that information could have been used to actually once again go into the anthony home
for make sense of evidence they already collected. >> greta: much will be made during any cross-examination of an expert witness like this. it is upon the prosecution to prove beyond a reasonable doubt that someone committed a crime and a crime was committed. i think in the end, casey's behavior is going to fill in a lot of blanks of what people might infer from any evidence. do you agree? >> i agree with you wholeheartedly. it is one thing if you have an accidental death. if you have an accidental death that you participate in and you feel guilty. but to dispose of the child and then act in the way she did, goes -- it is counterintuitive. it makes no sense. i think it absolutely lays her conviction down with everyday of that 31 days she was out partying and socializing, with her child in the trunk. >> greta: did you have any explanation -- i think i asked you before, is the meter
reader made his first call in august of '08. the remains weren't found until december '08. do you have any explanation for this? does it have any relevance to this case at all? >> you know greta, i have no idea what took place during that period or the searches. how she could have been missed. she certainly could have been missed at some point. the weather, the conditions. just human error. but mr. kronk has little to do with that 31 days. that's what we should focus on in that 31 days the child was killed and the mother went about for 31 days, failing to report her missing. dr. g said it best, the first flag. the second, they've never had an accidental drowning in that county where 911 or ems wasn't
called. and no duct tape belongs on a child, dead or alive. >> greta: when you, as a detective, when you talk to someone who is a young person, 22, 23 at the time, missing child, the first conversation. do you have any difficult talking to her and getting out the facts because she is young? >> well, when you first -- like casey anthony. i'm impressed with the way the detectives handled this case from the onset. i think it is hard to understand how things get out of control for somebody like casey anthony. when you're talking to her, i think it is difficult to not want to help them understand what they did. i think this is one of the problems. i really think initially she didn't under the gravity what occurred. >> greta: of course, we just saw pictures of her in the courtroom. she is so very young that's
what the jury is looking at. mark, thank you. the jury also heard from an fbi hair and fiber investigator. he testified that he saw more evidence of decomposition on the hairs taken from caylee's skull than on the hairs found in casey's trunk way does that mean? could the duct tape cover her nose and mouth? prosecution trying to show it could by showing a video superimposed. will all this scientific evidence prove murder? joining us dr. michael baden. we should note his wife is a former member of the defense team in this case. good evening dr. baden. >> good evening. >> greta: we've seen so much evidence so far. only seen the prosecution, defense will probably start tomorrow. i'm curious, is there evidence so far, any reasonable for instance of an accident? >> well, the -- only the
statement by jose baez that he will have to give some proof for during the defense part of the case. but the question raised could she have drowned in a pool? the autopsy findings are just as consistent with drowning in a pool as being suffocated. i have a problem, a real problem with the way the medical examiner refused to give a cause of death. said she couldn't do cause of death. yet, the prosecutor has the anthropologist, who never is able to give a cause of death, to give the cause of death in this case of suffocation by duct tape. to show that very painful picture of casey smiling at the skull of her baby with the duct tape on it. i think that is junk science kind of thing that is very powerful to a jury.
and very -- grounds for appeal, perhaps. but it just is not the kind of evidence that should be allowed into the courtroom. it has no basis for it. and the medical examiner realized that. >> greta: i think that -- i sort of duked it out with jeanine pirro last week on this issue about the anthropologist who had a sniff machine at idea that it may be compelling to the jury, but a gift to the defense if you give them an appellate issue if later on if the person is convicted you have handed them something that will give a reversal of the trial. i think you and i agree. and janine will be up in a second. she doesn't agree with us on that one. let me ask you about the hair decomposition. according to the expert, there was greater decomposition evidence on the remains than in the trunk. i assume you would expect that. >> yes. but the problem in the trunk was, there was just one hair out of 17.
so they presented somebody who did a study. the fbi later did a study, after discovery was finished. that was presented now that when they did a lot of the hairs from non-- normal people, only two of them showed root banding. that means that nondecomposed bodies can show root banding and what was in the trunk of the car wasn't a root. it was mid shaft, up above the root. the root was missing that is also an area that is subject to having another opinion during the defense case. >> greta: if i were the prosecutor, arguing against that, okay she want at the decomposition stage in the trunk and she was moved to the six blocks sooner than later that's why you don't see the decomposition of the hair in the trunk. i suppose the defense will say there are a lot of reasons for hair in the trunk concept of
transfer of hair, right? >> yes. she could have been in the trunk of the car, didn't decompose. a few days later, goes into the -- is put some place elsewhere she does decompose. >> greta: although, it is a lucy position if you are the defense having to explain, no she want in the trunk for six weeks, she was only in the trunk for two hours. lousy defense argument. >> or if she wasn't in the trunk at all. still, the time interval from 7 in the morning to 1 in the afternoon when allegedly, according to casey, the baby dies, and is taken away, the baby could have been put some place else or where she was found. but, that's going to be challenged in the next couple of days, i assume. >> greta: inf was not wild about the testimony on the forensic anthropology. however, the mother cindy testified that she opened the trunk and it had a potent, powerful smell. a layperson can make that
determination that it smelled like something died in there. that sealed the deal. >> yeah. greta, you are right. cindy's comments were the most powerful about a bed being there. everything else has now detracted from that, i think. >> greta: dr. baden, thank you sir. >> thank you greta. >> greta: is casey anthony going to take the stand in her defense? we might find out tomorrow when the prosecution rests. what about allegations defense attorney baez made in his opening statement that casey was molested by her father and brother? is baez going to prove that? joining us judge pirro. is the defense going to put a case on or not, do you think? >> i think the defense has to put a case on. i think the argument to the jury has a huge hole in the narrative. baez's opening statement was she was sexually molested and george was holding the baby
and he disposed of it. are you kidding? no burr as you know as an experienced defense attorney -- >> greta: no legal -- if you promise something to the jury they expect you to deliver. >> that's why there should be a case presented. it is all there. we can argue back and forth dr. baden and i, i totally get it, i know your wife worked on the defense in this case. at the end of the day there was a dead body in the trunk. proven by the insects, life cycle, speaks to that issue. cop, father, nurse, the mother. two dogs -- [ talking over each other ] >> greta: therein lies my disagreement with you. forensic anthropology for lack of a better term why in the world with all the evidence you just laid out, why would the prosecution be so silly as to come up with some novel theory, novel instrument, that could be some sort of patent relationship to give an appellate issue to the
defense? i would have thought, if i was defense, thank you prosecutor. you didn't need it! >> there is an argument there. [ talking over each other ] >> when you have evidence, that -- >> greta: did you think he needed that forensic and knollgist? >> yes, it is a murder one case -- you don't know what evidence you -- >> greta: it wasn't enough the mother said she opened the trunk -- these parents, i have a great deal of respect for them. i would never want to be in their shoes. what you've got is a death penalty case. you have to put on every piece of evidence if are the invehicular vie and chloroform. >> greta: marcia clark did the same thing in o.j. simpson and she handed the defense -- >> at the end of the day that animation was appropriate as well. what you've got is evidence that this d.a. is responsible
to convince the jury of. as the judge said it wasn't prejudicial. >> this judge cut off baez's cross examination. 101, huge fatal mistake. >> maybe baez ought to learn the rules of evidence and he wouldn't get cut off. >> greta: i think the circumstantial evidence in this case is strong. i would not want to be the defense attorney. i would not want to jeopardize a conviction should a i achieve it. when you overtry your case that can be -- so enthusiastic you put on novel ideas, when you don't need it. >> if i sent something to a lab and then all of a sudden, i make a decision not to call that witness is that an argument where the defense can say they were covering up because they didn't have it? >> greta: you know what i would say? if the defense wants to call it, they have subpoena power call it at your on peril.
i would have trapped the defense into doing it. >> let me ask you a question. why did baez not cross-examine george anthony when he had him on the stand about the sexual abuse? if that is their evidence this girl was sexually abused, you had him on the firing line, shoot. >> greta: i have no idea. maybe he will call him on defense. i can't get into his mind on this. in terms of one of the most dangerous things a prosecutor can do is hand issues in a very strong case, to the other side. that's my point. >> not gonna matter. >> greta: why? >> none of it is reversible error. >> are you kidding? >> i'm not kidding. we are going to come back and have legal argument. >> greta: you are probably right because few appellate courts have the courage to reverse first degree murder cases. >> judges don't run for office these appellate court judges they can reverse whatever they
think is inappropriate or illegal. >> greta: there is no one who wants reverse on a first degree murder case. >> some do. and we've seen a lot death penalty cases overturned over the years. [ talking over each other ] >> greta: the only way these things get reversed any more usually on dna issues. or you cut off cross-examination on baez. >> not gonna work. by the way, why did they put mason up? experienceed trial attorney why is baez taking the front row? mason knows how to cross-examine people. baez can't get far because he doesn't know the rules of evidence. >> greta: is the defendant going to take the stand? >> i don't know. >> greta: i can't imagine -- i would say no.
[ unintelligible ] >> if she takes the stand that will be a stunner. any way, always nice to see you. don't forget to tune in with june pirro saturday nights right here on the fox news channel. >> what is it like to be a high profile inmate? we take you to the jail where anthony is cooling her heels. see where she is spending her days. what is she eating? what is she buying? nothing is a secret here. >> also her courtroom tears. what do you think the jury or her lawyer thought? our legal panel is back. >> one governor taking advantage of the mavericks' big win. it is not governor perry. lebron james is not going to like this one. stay tuned. a lot of times, things are right underneath our feet,
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>> greta: how is casey anthony spending her time when is not in court? she is living in a small cell at the orange county jail here in florida. everything she does is monitored. there is zero rife . from what she is eating, buying, -- nothing is a secret. you are about to see where casey spends her days.
there is no escaping this place this is the orange county jail where anthony is being detained pending trial. this is where she lives. this is also the home to 74 others who are charged with murder in this county. in the front entrance is where you may recall she was released when bonded pout for a short period of time. that is not the -- that's not the entrance she uses she is taken out through another entrance in is a 20 minute drive to the courthouse. she is in this jail if you are looking for privacy, this is not place you want to be. she is in protective custody, level 1. one hour per day to take a shower or sit in the day room or make calls or get books from a library cart. up to 45 minutes three times a week for video visitation that is set up for the parents, family whoever comes across the street. one hour daily. weather permitting for time in the recreation yard.
you can see the door over here where they get out the recreation yard where they would come out if they were going to use that one hour daily, weather permitting. she gets to see her lawyer any time she wants. lawyers come day or night many they can come in the middle of the night if they want to. people have sent casey anthony checks, money orders she can go to the commissary and buy numbers -- and buy items. the most recent order list i have now is, premium chicken breast. nachos, tortillas, m & m's, beef stew, chapstick, toothpaste, ponytail holder, comb, eyebrow pencil, black, mascara pen black. no privacy. everything she has purchased, everything she has eaten.
the thing that most people don't understand because of security consideration the door of her cell is clear. you can look in and that's where her toilet and sink is. there iseázero privacy in this jails that is said to be for the protection of the person inside the jail. also for the protection of the other inmates. and the correctional officers. they want to know what she has in her possession at all times. her safety is a big concern of this jail. take a look, put the camera there, you can see just how secure this facility is. 74 people facing murder charges in this jail alone. it has the capacityor about 650 inmates. these jails are usually built with more men than women, more men are generally in jail than women. there's a men's side and women's side. it is not luxurious by any
means. even though this looks nicer than places i've seen. lights out doesn't mean lights out. lights out means lights dim. 4:00, 5:00 in the morning the lights come back on. all night long people are watching her and every other inmate. this is a short term facility. not designed to be a place where someone can live a long time. for that reason, it is rather austere and it is not -- most people incars rayed are anxious to get to -- incarcerated are anxious to get to the trial procedure. prison ly is a better place to live -- general a better place to live. there's a big difference in terms of your cell, in terms of what you can do. interact with other people. this is to house, secure, probably she loves to go to court that gets her out for the day.
>> coming up, the prosecution is about to wrap up. what is next? will the defense put on evidence or rest? how close is the jury watching casey anthony in the courtroom? our legal panel is here, next. >> what would president obama do? you heard him, the president said he would resign if he were congressman weiner. calls for the congressman to step down are getting louder as more lewd photos flash through the internet. what will the congressman do? stay tuned. ♪ we could've gone a more traditional route... ... but it wouldn't have been nearly as memorable. ♪
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ted, -- is here. ted, she cried and the jury no doubt saw it. as a defense lawyer, what do you think? >> well, if the jury believed that the tears were contrived and made up, it could be held against casey. on the other hand, if the jury let's say should find her guilty and believe that the tears were real, this very well could be somewhat considered remorse. and it may, may save her life. >> greta: bernie is the evidence or the reasonable for instance from the evidence of accident? >> -- reasonable infriends from the evidence of accident? >> i guess -- that's not evidence. they have to deliver something there with respect to the accident. i think the facts are too sketchy. child gone for 31 days.
evidence in the trunk found later on to suggest that it is accident. no inference if dr. baden told me there was chlorine found in the lungs, i could make a for instance but i don't see it. >> greta: when bernie can't find a reasonable inference that should be terrifying for the defense team can you help him? i know you are a former prosecutor. can you help him any reasonable inference of accident? >> what i heard in bernie was the tone. he's one of the best fighters. he can defend the worst of the killers. the problem is the defense has laid out a specific theory. they don't have to put on a defense but the jury is waiting for it. [ talking over each other ] >> they told you she drowned, i was afraid and molested so i
hid my baby. you go figure that one out. >> greta: the only way you can prove that. and the defense doesn't have any obligation to prove it. but once you lay it out there, it is wise. >> they need testimony -- i'm sorry go ahead. >> greta: they need casey to testify or the father. somebody has to supply that. >> absolutely. greta, i don't believe that casey is going to take the stand. and i don't believe that casey, the liar that we know she is, would be able to stand a withering cross-examination. the father has already testified that he did not molest casey. it is going to be very difficult, i think, jose baez has to deliver something to this jury. this jury is looking for something. >> greta: bernie, if she takes the stand, the father is the only one who can say it is an accident. if she takes the stand, she
doesn't have to. if i were the prosecutor on cross-examination i would take her carefully and quietly through every single one of those 31 days and take her through every party and bar and tattoo and everything i could to show that -- to defeat the defense. is that what you would do? >> oh you would melt it like an iceberg in front of the jury. you would bring out a calendar and say on this day were you in a car listening to a radio, did you think about your baby? you were dancing, drinking, singing, were you thinking about your baby? she not going to be able to survive this. this is a classic question that many defense lawyers have in a death case. am i trying to save my client's life or trying to win the case? sometimes and jim knows this, those are two different things. if you are trying to save your client's life she should not get up on the stand. >> greta: if she doesn't get up on the stand and george
anthony doesn't testify to the accident, that leaves zero people testifying to the accident. [ unintelligible ] his choice is to rest at this point. what else can he do? >> that's all he can do. the most dangerous thing we didn't talk about. prosecutors can't say look at this poor girl. imagine yourself dying this way but they effectively did it with that image of her alive and recreating the tape around her. every juror in those moments imagine wad it was like to suffocate in her mother's hands. i cannot imagine anything more devastating. i don't know how the defense recovers from that image. >> it wouldn't surprise me if jose baez is trying this case for the penalty phase. i know he wants to win. but it is very difficult. you said and i agree that circumstantial evidence in this case is very strong. he may very well when he talks about the sexual nature of the
father, perhaps attack the daughter. he may be using that in mitigation for the penalty phase of the case. >> greta: except that he could do that in the penalty face. bernie, if george doesn't testify. if the defendant doesn't testify. and then jose baez may call a couple witnesses but rest, how does he handle the fact in closing argue. s that he didn't put on evidence to support what he said in opening statement, if that happens? >> he's going to have a hard way to go. i can hear ted and jim, jim, a prosecutor would say we were here four weeks ago he promised you these things, where are they? they don't have the burden. but when he props things it is bad. it reflects -- they don't have a burden under the law. when i say i'm going to deliver something, you better deliver something. >> bernie, the worst part he has ruined his credibility. he has to stand up in front of the jury and defend her from
the death penalty. they don't believe him. >> greta: tomorrow we expect the defense could begin or the following day. we'll fan out whether casey is going to testify or -- we'll find out whether casey is going to testify or not. here's what is coming up. >> are the republican candidates too boring to compete with president obama? >> bernie goldberg on the palin e-mail fiasco, coming up. >> greta: that's 11 p.m. eastern time. coming up, it is happening itch it is the worst, more photos of congressman -- and the it in whiner. these new photos can get him in -- bigger trouble
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newsroom. >> reporter: firefighters battling that massive while in eastern arizona. shifting focus. flames spread across the border into new mexico. crews are lighting fires around one town hoping to stop the flames from advancing. the monster wallow fire burning on the arizona side since memorial day. it has grown to more than 700 square miles, just 10% contained. >> in southwest iowa water threatening lives and property. the swollen missouri has punched a 300 foot hole in a levee near hamburg home to 1100. another levee ruptured earlier in the day flooding farmland. engineers are racing to secure that third levee if it breaks they could be under 10 feet of water by wednesday. i'm ainsley earhardt. brach to greta. -- back to greta:
>> greta: he says he's waiting for his wife to show up so he can decide what to do. his wife traveling with secretary of state clinton. meanwhile, new calls for congressman weiner to resign. some of his constituents saying they've had enough. tonight the heat is turning up. the college student weiner was sending lewd pictures of himself to is now tweeting he should resign. top democrats including debbie wasserman shultz telling congressman weiner, time to go for the first time president obama spoke saying if he were congressman weiner, he would resign. then this, another shoe drops. congressman weiner had to have seen this one coming. more pictures of the congressman surfaceing. apparently he -- surfacing. apparently he took numerous photos of himself at the
congressional gym. he was granted two weeks absence from his duties to undergo treatment. rick took so long? first you have the press secretary saying it is a distraction. then president obama saying that if he were the congressman he would resign. but he didn't say, mr. congressman, go. he doesn't go that far, why not do you think? >> the white house doesn't want to be anywhere there's this story. there's been this escalation of pressure starting last week. initial statements with democrats saying she wanted an investigation. over the weekend, they realized that the congressman was not getting the message they started to call for him to resign. now the pressure from the white house. tomorrow the caucus is going to talk about things like stripping his committee assignment. potentially kicking him out of democratic caucus. steps that are urging him out-of-door. >> greta: except for one problem, if you ask me, if i
said, well you know, if i were congressman weiner, maybe i would resign. that's the way president obama seems. it didn't seem like a bold, strong leader of his party and say time to go. president obama should have stayed out or been bold, instead of saying, if i were weiner, i'd go. >> the white house does not want to be part of this story. they see this as a major distraction. >> greta: but they are, by saying anything. >> right. >> greta: so why not make the bold statement? why didn't he said go? >> i think they are still trying to play this carefully. they realize this decision has to be paid by congressman weiner. they can't push him out no one on earth can say he's got to go and that forces him out. his wife gets back to the united states wednesday. those discussions will ensue. he's got this two week absence. the pressure continues to tkpwrefp the white house may have been too cute -- too cute trying to play think way.
all the democrat they rather this had gone away already. they are uncomfortable about the fact that it is still lingering. >> greta: i got it you shouldn't send naked or weird pictures. what i don't understand it says he's seeking treatment way is he seeking treatment for? >> they haven't even said that much. in his initial press conference he says it is not that i do drugs, i want drinking. i'm acknowledgeing, i've made mistake. they realize it -- they realize it is more serious. he's taken this route, the temporary leave of absence. we don't know where he is or what he's seeking treatment for. >> greta: president obama today was in north carolina north carolina at the council on jobs in durham. he was questioned as saying shovel ready was not as shovel ready as we expected. there was a chuckle and some think he was making a joke.
i don't. i think he's making an admission that he didn't have a clue in what shovel-ready . >> this is money that was going out the door right away directly to projects that could happen, they said it over and over again. i find it hard to believe they were unaware of the bureaucracy. i think they were frustrated by the pace the money went out the door and the pace of the job creation that went around it. this is his way signaling, we did the stimulus it was the right thing it didn't have the impact i said it was so let's make light of it. >> greta: all his advisers with their fancy degrees and all their ivory tower backgrounds, they didn't know what shovel-ready ? the american people need to have consumer confidence to get the economy going. now we find out the person in charge and his team don't know what shovel-ready means? that's the problem, that's the danger >> this is difficult for the
administration. they went on the record so many times talking about the job creation that would happen as a result of this. clearly the economy has not recovered at the pace they said it was. either they were wrong about the assumptions, impact, something haywire this is one way to acknowledge that he has said this before. this time he said it and got a laugh. >> greta: i don't think he was trying to be funny. i think the audience was laughing. any way rick, thank you. >> straight ahead, did you hear what the governor of ohio is doing? true blow to nba star lebron james' ego. >> this man is reaching new heights. we'll tell you how he's making history and why he's receiving top honors. host: could switching to geico really save you 15% or more
>> greta: here's the best of the rest. the guinness book of world records declares the world's shortest man. this 18-year-old from the pile fiennes only 23 1/2 inches tall getting the celebrity treatment. honored in his town. the last man to hold this record was 26.4 inches tall. >> john kasich is taking a few
jabs at lebron james. today he declared the dallas mavericks are honorary ohioians. as you a remember, james played his first seven nba seasons with the cleveland cavaliers. last summer he sparked outrage from cavalier fans announcing he was taking his talents to south beach. ohioians are celebrate -- are celebrating this victory. nothing like revenge. >> big mistake regarding that game last night. miami herald ran an ad congratulating the heat on winning the championship. the wrong team, oops. as we mentioned, the mavericks won the tile. the herald release -- won the title. the herald released a statement that the herald regrets the error.
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conan o'brien offers words of wisdom to the graduates of dartmouth.?+-5ñ conan's delivered the 2011 commencement speech. former president george h.w. bush was there. but it had conan a little confused. >> before i begin, i must point out behind me sits a highly admired president of the united states and decorated war hero. while i, a cable television talk show host has been chosen to stand here and impart wisdom. i pray, i never witness a more damning example of what is wrong with america today. >> president bush receive add honorary law degree during the ceremony that is your last call. thanks for being with us tonight. go to gretawire.com. i want to know what you think about th